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Publication date: 16.05.2024
Entry into force of the new rules for submitting an application for an industrial design in Ukraine: an important step towards European integration and protection of intellectual property
On May 1, 2024, the order of the Ministry of Economy "On approval of the Rules for drawing up and submitting an application for an industrial design and conducting an examination of an application for an industrial design and international registration of an industrial design" No. 6237 dated March 7, 2024 entered into force in Ukraine. This document, which regulates the process of submitting applications and conducting examination of industrial samples, became another step on the way to strengthening the system of intellectual property protection in Ukraine.
The main provisions of the order
Order of the Ministry of Economy No. 6237 defines:
Rules for submitting an application for an industrial design:
The procedure for drawing up and submitting an application.
Requirements for the content of the application and its execution.
List of documents to be submitted:
Basic and additional documents required for application.
Requirements for documents and their content.
Examination procedure:
Stages and terms of examination.
Criteria for evaluating applications.
The procedure for making changes to the application and submitting additional materials.
Support and evaluation of the international community
Ukraine's efforts in the field of intellectual property protection were highly appreciated by the United States of America. The 2024 USTR report noted the significant progress made by Ukraine despite the difficult conditions caused by the war. Such a positive assessment is evidence of the effectiveness of measures implemented by the Ukrainian government to support business and protect innovative solutions.The role of new rules in business development
According to Deputy Minister of Economy of Ukraine Vitaly Kindrativ, the adoption of the new procedure will help product manufacturers to quickly and easily register the design of their products, protecting them from copying. This, in turn, will promote business development, enabling entrepreneurs to calmly develop their business and introduce new products to the market.
"The Ministry is actively working on expanding business opportunities to use tools to protect creative solutions. The appearance of industrial products plays a key role in the promotion of products on the market. Therefore, the creation of a fast and transparent mechanism for registering industrial design rights should help businesses obtain protection and bring their innovative products to the market. The updated Rules contain novelties regarding electronic document flow, and also include provisions that will allow businesses to quickly manage and commercialize this intellectual asset at the stage of registration," noted Vitaliy Kindrativ.
The European integration significance of the new rules
The importance of approving the new Rules was also emphasized by the head of the IP Office, Olena Orliuk. She emphasized the importance of these changes in the context of the implementation of the recommendations of the European Commission, presented in the Report on the progress of Ukraine in the framework of the 2023 European Union Enlargement Package."The action plan for the implementation of the recommendations of the European Commission, presented in the Report on Ukraine's progress as part of the 2023 European Union Enlargement Package, determines the need to adopt acts on the examination of applications for industrial designs with the aim of bringing the secondary legal acts of Ukraine into the EU acquis in June 2024. Therefore, the adoption of the relevant Rules is another evidence of Ukraine's timely fulfillment of European integration obligations," said Olena Orlyuk.You may be interested in the following articles: consultation with a lawyer, consultation with a lawyer, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, assistance of a lawyer online, a lawyer online, a legal opinion, a legal opinion of a lawyer, a lawyer online
Additional security provisions
The new Rules also contain provisions on security and prevention of possible abuse. In particular, the IP office has the right to refuse the state registration of an industrial design if the applicant or the author is related to the aggressor state. This provision is aimed at protecting the national interests and security of Ukraine in wartime conditions.
Conclusion
The entry into force of the new rules for submitting an application for an industrial design is an important step for Ukraine on the way to strengthening the system of intellectual property protection and business support. These changes not only facilitate the process of registration of industrial designs, but also contribute to the European integration of Ukraine, which is an important element in the development of the economy and ensuring the competitiveness of Ukrainian enterprises on the international market.
